Friday, February 13, 2015

What is Collaborative Divorce?

Many men and women going through a divorce want it to be amicable and transparent. The
collaborative divorce is actually a process where the parties agree from the
beginning to work as part of a team, which includes attorneys as well as other
professionals, to resolve custody, support, and property distribution.The collaborative practice is client-centered
and client-controlled.

Based on the particular needs of the parties,
the team may include a neutral financial planner, a children’s therapist, and a
divorce coach, who is a mental health professional. The collaborative divorce process focuses on open
communication and information sharing rather than litigation strategy. Information is freely disclosed and the
parties commit to full disclosure at the commencement of the process.

Prior to commencing the team work, the parties
enter into a collaborative agreement stating that they will negotiate an
acceptable settlement without going to court.
The hope is that the parties may more effectively resolve the issues if
they do not have the fear of litigation hanging over their heads. If the parties later determine they cannot
reach an agreement through the collaborative process, their collaborative
attorneys will not represent them in court, which may provide incentive to stick
with the collaborative process, even if frustration arises.

A collaborative divorce includes many benefits,
including the potential for improved communication and trust between the
parties, and placing the parties and family in the priority position rather
than focusing on legal strategic positioning.
It is a newer method for resolving difficult and challenging family law
issues, but it is a positive step toward keeping families out of the courtroom.

About Me

Rich Rosenthal Brincefield Manitta Dzubin & Kroeger, LLP is a full service law firm concentrating in civil litigation, complex criminal defense, family law, personal injuries and product liabililty, wills, trusts and estates, civil liberties, business affairs and employment, zoning and land use, and debtor- creditor relations. Conveniently located in the historic Torpedo Factory office building in Old Town, Alexandria, the firm provides high quality, yet cost-effective, legal advice and representation to individuals and businesses throughout Northern Virginia.